Diffey v. Riverside County Sheriff's Department

Opinion

GAUT, J.

1. Introduction

The Riverside County Sheriff’s Department (County) would not hire Teg Diffey as a deputy sheriff because he is color-blind. The more accurate diagnostic term for Diffey’s condition is “deficient color vision” or “color-deficient.”

Diffey sued defendants—the County, and a nurse, Rebecca Perkins— under FEHA (the California Fair Employment and Housing Act, Gov. Code, § 12900 et seq.) and the ADA (the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213) for discrimination and retaliation. After Diffey’s offer of proof, the court granted a directed verdict…